APHC010080702023 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4041/2023 Between: 1. POLIPALI SATYANARAYANA, S/O P SURYANARAYANA, AGED 52 YEARS, R/O 2-148, MAIN ROAD, G. KOTHAPALLE VILLAGE, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT, ANDHRA PRADESH-534451. 2. POLIPALLI VENKATA APPARAO, S/O P SURYANARAYANA, AGED 50 YEARS, R/O 2 DWARAKA TIRUMALA MANDAL, ELURU DISTRICT, ANDHRA PRADESH-534451. 3. POLIPALLI VENKATA NARAYANA, S/O P SURYANARAYANA, AGED 58 YEARS, R/O 2 DWARAKA TIRUMALA MANDAL, ELURU DISTRI PRADESH-534451. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF PANCHYATHI AND RURAL DEVELOPMENT, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF REVENUE, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, OF ELURU DISTRICT, ANDHRA PRADESH. 4. THE SUBCOLLECTOR, OF ELUR IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4041/2023 POLIPALI SATYANARAYANA, S/O P SURYANARAYANA, AGED 52 148, MAIN ROAD, G. KOTHAPALLE VILLAGE, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT, ANDHRA 534451. POLIPALLI VENKATA APPARAO, S/O P SURYANARAYANA, AGED 2-149, MAIN ROAD, G. KOTHAPALLE VILLAGE, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT, ANDHRA 534451. POLIPALLI VENKATA NARAYANA, S/O P SURYANARAYANA, AGED 58 YEARS, R/O 2-147, MAIN ROAD, G. KOTHAPALLE VILLAGE, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT, ANDHRA 534451. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF PANCHYATHI AND RURAL DEVELOPMENT, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF REVENUE, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA THE DISTRICT COLLECTOR, OF ELURU DISTRICT, ANDHRA THE SUBCOLLECTOR, OF ELURU DISTRICT, ANDHRA PRADESH. IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE FIFTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI POLIPALI SATYANARAYANA, S/O P SURYANARAYANA, AGED 52 148, MAIN ROAD, G. KOTHAPALLE VILLAGE, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT, ANDHRA POLIPALLI VENKATA APPARAO, S/O P SURYANARAYANA, AGED 149, MAIN ROAD, G. KOTHAPALLE VILLAGE, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT, ANDHRA POLIPALLI VENKATA NARAYANA, S/O P SURYANARAYANA, AGED 147, MAIN ROAD, G. KOTHAPALLE VILLAGE, CT, ANDHRA ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF PANCHYATHI AND RURAL DEVELOPMENT, A.P SECRETARIAT OFFICE, VELAGAPUDI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF REVENUE, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA THE DISTRICT COLLECTOR, OF ELURU DISTRICT, ANDHRA U DISTRICT, ANDHRA PRADESH. RC,J W.P.No.4041 of 2023 2 5. THE REVENUE DIVISIONAL OFFICER, OF ELURU DISTRICT, ANDHRA PRADESH. 6. THE TAHSILDAR, OF DWARAKA TIRUMALA MANDAL, ELURU DISTRICT, ANDHRA PRADESH. 7. THE GRAM PANCHYATHY, G. KOTHAPALLE VILLAGE, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT, ANDHRA PRADESH. 8. VANDHANAPU RAJENDRA PRASAD, S/O RAM KOTESWAR RAO, R/ O, G. KOTHAPALLE VILLAGE, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT, ANDHRA PRADESH-534451. 9. VANDHANAPU KITTAYYA, S/O RAM KOTESWAR RAO, R/O, G. KOTHAPALLE VILLAGE, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT, ANDHRA PRADESH-534451. 10. VANDHANAPU KRISHNA BABU, S/O RAM KOTESWAR RAO, R/O, G. KOTHAPALLE VILLAGE, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT, ANDHRA PRADESH-534451. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents Nos. 6 and 7 in not initiating any action on the representation submitted by the petitioner dated 24/01/2023 and consequent representation on 03/02/2023 in removing the construction made on the .Drainage Line. as well on the .Panchythy Road. by the respondent No's. 8-10, over the Survey No. 81/2 of G. Kothapalle Village, Dwaraka Tirumala Mandal, Eluru District, Andhra Pradesh, duly occupying the government land and thus creating obstruction to the Drainage Line as well to the walkers is nothing but illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, and 21 of the Indian Constitution and consequently direct the respondents to act upon the representation of the petitioner dated 23/01/2023 and 03/20/2023 in removing the encroachments made on the .panchyathy land. over the survey No. 81/2 of Kothapalle Village, Dwaraka Tirumala Mandal, Eluru District, Andhra Pradesh and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased RC,J W.P.No.4041 of 2023 3 be pleased to direct the respondents to act upon the representation of the petitioner dated 23/01/2023 and 03/20/2023 in removing the encroachments made on the .panchyathy land. over the survey No. 81/2 of Kothapalle Village, Dwaraka Tirumala Mandal, Eluru District, Andhra Pradesh duly initialing action on the encroachments and pass IA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to vacate the interim order in IA.No.1 of 2023 in WP.No.4041 of 2023 dated 20-02-2023 and dismiss this writ petition and pass IA NO: 3 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to vacate the status quo order dated 20-02-2023 in I.A No. 1 of 2023 in WP No. 4041 of 2023 may be dismissed and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to receive the Reply copy on record by allowing the leave petition in W.P. No. 4041 of 2023 and to pass Counsel for the Petitioner(S): 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Yarraguntla.KoteswaraRao,Standing Counsel For ZillaPrajaParishads,MandalPrajaParishads and Gra 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. PILLIX LAW FIRM The Court made the following: RC,J W.P.No.4041 of 2023 4 ORDER This writ petition has been filed questioning the inaction of the respondent nos.6 and 7 in removing the encroachments made by unofficial respondent nos.8 to 10 on panchayat road in Survey No.81/2 of G.KothapalleVillage, Dwaraka Tirumala Mandal, Eluru District thereby obstructing the drainage and pathway, despite representations submitted by the petitioner dated 24.1.2023 and 03.02.2023. 2. Heard Sri Jada Sravan Kumar, learned counsel for petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Grampanchayat, Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri VenaktaSatyanarayana, learned Assistant Government Pleader for Revenue, and Harshavardhan, learned counsel, representing Pillix Law Firm, for respondent nos. 8 to 10. 3. Sri Jada Sravan Kumar, learned counsel, while reiterating the contents of the writ affidavit, would contend that despite representations submitted by the petitioner bringing it to the notice of respondent nos.6 & 7 regarding illegal constructions made by respondent nos. 8 to 10 by encroaching the drainage and public pathway, the respondent nos.6 & 7 are not taking any action. He would further contend that it would suffice for the time being if the authorities dispose of the petitioner’s representations by passing a reasoned order. RC,J W.P.No.4041 of 2023 5 4. On the other hand, Sri Harshavardhan, learned counsel for unofficial respondent nos. 8 to 10, would contend that it was categorically mentioned in the counter filed by Grampanchayat that there are no encroachments as alleged by the petitioner and hence the writ petition being devoid of merit deserves dismissal. 5. Learned Standing counsel and the learned Assistant Government, on their respective counters, submitted that there are no encroachments as alleged by the petitioner and the constructions made by respondent nos. 8 to 10 are in their private property. Accordingly, prayed to dismiss the writ petition. 6. In reply, learned counsel for the petitioner, submitted that in the counter filed by revenue, it was mentioned that the unofficial respondents made constructions in Survey No.81/1, whereas in one of the correspondences made by Tahsildar, it was mentioned as if the constructions were made in Survey No.81/2 and so also as per counter filed by panchayat and so there is discrepancy regarding survey number. 7. Perused the material available on record and considered the submissions made by learned counsel for the parties. 8. As rightly contended by the learned counsel for the petitioner there is discrepancy as to where the constructions were made, whether they are in RC,J W.P.No.4041 of 2023 6 Survey No.81/1 or 81/2. It is the specific contention of the petitioner that the unofficial respondents made constructions in Survey No.81/2, classified as Drainage and public pathway. 9. In view of the above, instead of going into merits of the matter, in order to meet the ends of justice, this Court is inclined to dispose of the writ petition. 10. Accordingly, the writ petition is disposed of, directing the District Collector to direct the concerned officials to conduct an enquiry on the petitioner’s representations to ascertain as to whether there are any encroachments on the site earmarked for drainage and public pathway, by giving prior notice to all the parties concerned including the petitioner, providing reasonable opportunity of being heard and pass a reasoned order. If any encroachments are made, the concerned authority shall be directed to take steps for removal strictly in accordance with law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI RR